Discipline and Grievance

Unfortunately, at some point disciplinary matters and grievances are likely to arise in the workplace.

Disciplinary matters arise where, amongst other things, an employer takes action in relation to allegations of misconduct or poor performance. Grievances, on the other hand, arise where an employee has a complaint, concern or problem about any aspect their work.

It is essential for employers and employees that there is a clear and fair framework in place to deal with discipline and grievance issues when they arise.

The ACAS Code of Practice on Discipline and Grievance sets out best practice for how discipline and grievance issues should be dealt with in the workplace; and employment tribunals can adjust awards of compensation (up or down) in successful claims by up to 25 per cent to take account of any failure by an employer or an employee to follow the advice of ACAS in the Code.

We can help with any stage of the disciplinary and grievance process. We are able to help guide you through the process to ensure that the process is fair and legally compliant.

We offer a full HR service and can provide you with a fully qualified HR specialist to undertake investigations, attend hearings with you to provide support or if necessary, to act as the decision maker in any hearing, including appeal hearings.

In addition, when grievance issues arise, we can offer third party impartial mediation services to you and your employee to try to resolve problems in the workplace and reduce the risk of the employee bringing a claim. Mediation is also recommended in the ACAS Code of Practice, so taking part in mediation can help you to show that you have complied with the Code if you need to in any subsequent claim.

Frequently Asked Questions

You need to be able to justify if you are asking for certain levels of experience. Advertising for a bus driver who is safe and has had previous experience is one thing advertising for a bus driver with 10 years’ experience is another. The first option leaves your job advert open for all ages to apply. The second rules out individuals who may be in their early twenties.

Other points to consider when recruiting new employees:

Ensure whoever is interviewing potential employee’s scores interviewees on their skills and competencies as opposed to their age.

Although they are not discriminatory themselves consider removing any reference to age on your job application forms.

Once you have selected an appropriate employee ensure managers and staff are trained to monitor and avoid any discriminatory behaviour. Also make sure it is clear within any policies you have that discrimination in any form is unacceptable. Ensure managers are fully trained in diversity issues and that they are able to deal with discriminatory issues that arise within the workplace.

Yes you need to be aware of these requirements if you employ anyone of any age. They affect every area of employment as well as the recruitment and selection process. The requirements not only make it unlawful to discriminate on the grounds of age but also harassment whether it be intentional or unintentional or to victimise an individual.

You need to worry not only about your own actions but also your fellow employees who must be discouraged from making offensive or unkind comments about age or anything in between.

As with other areas of discrimination if your employee can demonstrate that there has been a difference in treatment which is due to discrimination it is solely down to you the employer to show otherwise or for you to prove that you have done everything in your power to stop such discrimination. There are no limits to discrimination awards and often they include an aspect for suffering, failure to do so can be expensive.

When you are recruiting employees you need to ensure you are not discriminating for or against anyone due to their age. This means you cannot advertise specific age requirements in any of your job adverts unless you can justify them.

If you interview someone in their sixties and they turn out to be as good or even better than your current employees in their twenties you should not let their age be a determining factor as to whether you hire them or not. Since October 2006 it has been unlawful to reject anyone for an interview based on their age. There is not a lot employers can do to control the age of their workforce therefore you would potentially have to recruit someone in their sixties even if you have a younger workforce.

In 2011 legislation new legislation was introduced making it unlawful to treat anyone differently due to their age except if it could be justified or falls within one of the exemptions to the law. The retirement age of 65 has now been phased out meaning employers can now only forcibly retire workers if it can be justified.

News

In April this year employers with over 250 staff will be obliged to report on gender pay gaps. We are still awaiting the detailed ACAS guidance on the regulations but here are some tips that your business may wish to consider in preparation for April.

The National Living Wage (NLW) comes into force in April this year which will give workers aged 25 and over a fifty pence increase to £7.20 per hour. It is thought that this increase stems from the fact that one in five workers in the UK are classed as 'low paid', which is high when compared to other advanced economies.

In a recent judgement in the Court of Appeal, it was ruled that an employer was entitled to withhold one 260th of annual salary pay for each day of the strike from teachers who went on strike and not one 365th as argued by the teachers.

Testimonials

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We have used Banner Jones for employment advice for over 20 years and the team have always found the best approach to resolve our problem

Mr. Richard Kay, Operations Manager, Stagecoach East Midlands

“Katie Ash recently reviewed an employment agreement for me and provided extremely sound and practical HR advice. She took the time to understand my background and business requirements, which proved invaluable for me to reach the right professional solution. She displayed wide industry knowledge in HR employment matters and I would, without hesitation, recommend BannerJones and their legal and consultancy services provided by her.”

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We are authorised and regulated by the Solicitors Regulation Authority (SRA number 493083) under the Solicitors' Code of Conduct. You can access the Code by contacting the SRA, In writing to: The Cube, 199 Wharfside Street, Birmingham, B1 1RN. Fax: 0121 616199. Tel: 0870 6062555 (UK) +44 0121 3296800 (International) or via www.sra.org.uk.

The directors of Banner Jones Ltd are Solicitors of England and Wales.